Colorado - Battlement Reservoir #3_Water Activity Summary (TU)

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Water Supply Reserve Account - Grant and Loan Program Water Activity Summary Sheet Agenda Item 7d Applicant: Grand Valley Anglers Chapter of Trout Unlimited and Federation of Fly Fishers Water Activity Name: Battlement Reservoir 43 Dam Reconstruction Amount Requested: $80,000 Source of Funds: $80,000 (Colorado River Basin Account) Matching Funds: $320,000 Water Activity Purpose: Structural or non-structural water project or activity County: Garfield Drainage Basin: Colorado Water Source: Battlement Creek, Tributary to Colorado River Staff Recommendation Staff recommends approval of up to $80,000 from the Colorado River Basin Account to help complete the Battlement Reservoir 43 Dam Reconstruction project contingent on documentation from DWR supporting the new water right use and a revised scope of work, budget, and schedule for the project. Application Tabled at the September 2008 CWCB Meeting The Board voted to table the application until the November CWCB meeting because of the following issues: • Federal agencies are currently an eligible entity under the Criteria and Guidelines, however the Board had concerns about granting state money to a federal agency for reconstruction of a federally owned dam. • Water rights - the Water Activity Summary Sheet identified additional information we need related to water rights. The Board was not comfortable acting on this application without the water rights information. • Matching fiinds - the Water Activity Summary Sheet indicated that the matching funds had not yet been secured. However we understand that these funds have since been secured. The applicant has addressed these issues. With regard to the contracting entity, the Grand Valley Anglers Chapter of Trout Unlimited and Federation of Fly Fishers will be the contracting entity. The USFS, White River National Forest (WRNF) is the actual owner of the property and a partner in the project. However, a non-federal entity will be receiving the fiinds. The applicant also provided the necessary information related to water rights. The WRNF is applying for a change of use on the Battlement Reservoir water rights and has committed to obtaining documentation that the Colorado Division of Water Resources supports the new use. The applicant also clarified that a new storage right for the "expansion" of the reservoir is not needed. The original size of Battlement No. 3 Reservoir was 31.5 surface acres. After it was breached, that size was reduced to 10 surface acres. The dam reconstruction will increase the outlet elevation such that the Reservoir size will be 16 surface acres. This is still half the surface size of the Reservoir's full decreed capacity. Staff feels the water rights issues have